94-2E
SUBSTANCE ABUSE AND PUBLIC
POLICY
Prepared by:
Nancy Miller Chenier
Political and Social Affairs Division
Revised 23 January 2001
TABLE
OF CONTENTS
ISSUE
DEFINITION
BACKGROUND AND ANALYSIS
A. Federal Policy on Drugs
B. Substance Abuse: What Is It?
C. Why Do People Become Dependent on Drugs?
D. What are the Substances and the Consequences of
Abuse?
1. Legal Substances
a. Alcohol
b. Tobacco
c. Solvents
d. Prescription Drugs
2. Illegal Substances
a. Cannabis
b. Cocaine
c. Heroin
E. The Costs of Substance Abuse
F. What Measures Are Currently Used
to Address Substance Abuse?
1. Education and
Prevention
2. Treatment
and Rehabilitation
3. Enforcement
and Control
PARLIAMENTARY ACTION
SELECTIVE CHRONOLOGY
SELECTED
REFERENCES
SUBSTANCE ABUSE
AND PUBLIC POLICY*
ISSUE DEFINITION
Government actions related
to substance abuse in Canada have grown since the first small piece of
federal legislation in 1908 prohibiting non-medical opiate use.
Efforts to prevent, treat and control substance abuse now also focus on
tobacco, alcohol, solvents, and prescription and over-the-counter medications.
This review examines federal
substance abuse policy with respect to both legal and illegal drugs in
Canada. It provides a general profile of various substances that
are abused or misused. Where possible, it assesses the health, social
and economic costs and consequences of substance abuse. While acknowledging
the difficulties of determining the nature of drug dependency, the paper
describes initiatives aimed at reducing potential harm and at controlling
related problems through interventions involving education and prevention,
treatment and rehabilitation, enforcement and controls.
BACKGROUND AND ANALYSIS
A. Federal Policy on Drugs
The initial 1987 National
Drug Strategy emerged from concern about the abuse of illegal drugs in
Canada; however, during its five-year existence, the high social and economic
costs attributable to misuse of legal substances also came to be recognized.
When a national consultation process explored the impact of Canadas
Drug Strategy (CDS) and the Strategy Against Driving While Impaired (SADWI)
in 1991, the participants almost unanimously identified alcohol abuse
as the biggest problem. Tobacco use was also seen as needing greater
attention. A second concern was the abuse of pharmaceuticals, both
prescription and over-the-counter. Street drugs including cannabis,
heroin and cocaine were also a significant problem across the country,
with solvents and inhalants of particular concern in northern areas.
In 1992, Canadas Drug
Strategy was renewed and combined with the Driving While Impaired (DWI)
Strategy. The continued objective was to reduce the harmful effects
of substance abuse on individuals, families and communities by addressing
both supply and demand. Coordinated by the Department of National
Health and Welfare, the Strategy involved several other departments seeking
to enhance existing programs and to fund new ones. Of the $210 million
allocated to the initiative, 70% was directed to reducing the demand for
drugs through prevention, treatment and rehabilitation and 30% to enforcement
and control. Other policy actions, such as the development of mandatory
testing programs for substance abuse in the Department of National Defence
and federally regulated transportation sectors, drew attention to the
implications of drug use in the workplace while the Tobacco Demand Reduction
Strategy, a three-year initiative announced in 1994, focused on the wider
implications of use of a legal substance.
In 1998, the federal government
reaffirmed its commitment to the principles of Canadas Drug Strategy.
It also allocated additional funds to a Tobacco Control Initiative. Health
Canada is currently working to develop and implement programs, based on
the determinants of health model, to promote health and encourage the
avoidance of health risks, including those associated with tobacco, alcohol
and other drug use. Priority is to be given to the special needs
of certain population groups.
Federal policy on various
substances is subject to constant pressures for change as new ideas emerge
and are carried forward to government by various interests. For
example, in 2000, groups concerned about tobacco and alcohol use emphasized
the need to denormalize their societal acceptance as legal substances
while other groups pushed for wider support of the use of marijuana and
heroin for medical and other purposes.
B. Substance Abuse: What
Is It?
Substance abuse can be defined
as any use of a substance, non-medical or medical, that causes physical
or social harm. Substances can be legal, like alcohol and tobacco,
or illegal, like cannabis and cocaine. Prescription and over-the-counter
drugs can also be misused. The division between legal and illegal
shifts when legally available pharmaceuticals are diverted to illegal
markets.
The most abused of all drugs
are psychotropic drugs, those that change the way a person
thinks, feels or acts. Many such drugs are prescribed in Canada
each year to relieve pain, to calm nervousness, or to aid sleep.
Some, like alcohol and nicotine, are available in various forms for purchase
without prescription. Others, including cannabis and cocaine, are
prohibited under criminal law and can only be obtained illegally.
Although substance abuse
can affect any Canadian regardless of sex, age, ethnic origin, educational
level, or employment status, it seems that certain groups are more at
risk. At all ages, men are more likely than women to use illegal
drugs, while women are more likely to use prescription drugs that could
lead to dependency. Young adults are more likely than older people
to use illegal drugs but older people are more likely to have multiple
drug prescriptions. Groups in which abuse of drugs is prevalent include
street youths and some aboriginal people. In federal prisons, almost seven
out of ten offenders have alcohol or other drug problems severe enough
to warrant formal intervention. In all these groups, the negative
physical and social effects can be profound for them, their families and
their communities.
Debate also continues on
the beneficial versus the harmful effects of certain substances.
For example, with respect to alcohol, various forms of heart disease appear
to be less common among light to moderate drinkers than among abstainers
and heavy drinkers suggesting that alcohol, if used in moderation, may
actually produce health benefits but over the long term could be problematic
for certain individuals. With respect to cannabis, outside of its
adverse effects on the neurological, respiratory and immunological systems,
there are also indications of its therapeutic value and limited toxicity
in the relief of various health conditions. This conflicting information
presents a dilemma for governments seeking to develop sound public health
policy.
C. Why Do People Become Dependent on Drugs?
Another difficulty in developing
sound public policy in this area is the lack of consensus on the nature
of drug dependence: why do some individuals exhibit a compulsive
pattern of drug use leading to addiction while others can use the same
drugs occasionally without developing such dependence? Because of
difficulty with data collection, most of our knowledge about the effects
of drugs is based on observations of cases where dependency has led to
overdoses or to criminal activity. There is much less information
about individuals who use drugs without dependency.
Discussions of drug use
may adopt a medical, psychological, sociological, economic, legal, criminological,
pharmacological or philosophical approach. Drug dependence may
be attributed to a genetic component (for example, an inherited susceptibility
for alcoholism); an addictive personality type (that easily becomes dependent
on everything from coffee to cocaine); critical environmental circumstances
(that can determine an individuals behaviours and health); and,
more recently, a physiological connection (whereby certain brain cells
create a craving for particular substances).
Certain groups, including
males, the unemployed, aboriginal peoples, and street youth, have been
identified as having a higher chance of becoming dependent on drugs.
Greater understanding of the predisposing factors can assist in preventing
and treating the dependency.
However, it is significant
that the vast majority of people who report having used illegal drugs
do not continue using them throughout their lives. According to
the publication Canadian Profile: Alcohol, Tobacco and Other
Drugs, in 1994, 23.1% reported having used cannabis but only 7.4%
were current users. Cocaine or crack had been used by 3.8% but only
0.7% were current users. Similarly, 5.9% reported having used LSD,
speed and/or heroin, but only 1.1% were still doing so.
D. What are the Substances and the Consequences
of Abuse?
The following section describes
various legal and illegal substances using data drawn primarily from the
1994, 1995, 1997 and 1999 versions of Canadian Profile: Alcohol,
Tobacco and Other Drugs.
1. Legal Substances
a. Alcohol
The decline in alcohol
sales observed through the 1980s and 1990s changed to a slight rise in
1996-1997. The percentage of Canadians over 15 years of age
reporting themselves to be current drinkers rose from 72% in 1994 to 77%
in 1997. Drinkers were more likely to be young men in their
early twenties with a post-secondary education and higher- than-average
income. Alcohol consumption by youth under the legal drinking age
is not easy to assess but estimates suggest that three in four students
(75%) under drinking age have used alcohol.
Canadian Profile
reported that, in 1995-1996, there were 80,946 alcohol-related hospital
separations, constituting 3.9% of all hospitalizations for men and 1.6%
for women. The greatest number of alcohol-related hospital separations
were for accidental falls, alcohol dependence syndrome, and motor vehicle
accidents. Of the 6,503 Canadians who lost their lives because of
alcohol consumption, the largest number of alcohol-related deaths stemmed
from motor vehicle accidents, alcoholic liver cirrhosis, and alcohol-related
suicides. There are no standardized national data on the rate
of occurrence of fetal alcohol syndrome (FAS) or fetal alcohol effects
(FAE).
The control and sale of
alcohol is regulated by each province, while drinking and driving offences
fall under federal legislation. Although the number of federal
drinking and driving offences has generally been declining, these violations
continue to be one of the most common crimes committed by Canadian males.
The 1996-1997 National Population Health Survey found that one in 13 respondents
acknowledged driving after consuming two or more drinks in the previous
hour. The rates were highest among males aged 20 to 24 years.
b. Tobacco
Mounting scientific evidence
that cigarettes and other tobacco products are addictive point to nicotine
as the causative drug. Results from Health Canadas study to
measure nicotine levels in cigarettes between 1968 and 1995 indicated
that the level of nicotine in tobacco used in cigarettes had increased
by 53% over this time.
In 1965, almost 50% of Canadians
stated that they smoked. By 1994, 27% of respondents to the Canadian
Alcohol and other Drug Survey indicated that they did so; 26% of respondents
said that they were former smokers and 46% were non-smokers. At
the same time as the proportion of smokers was decreasing, so was the
level of consumption of those who continued to smoke. Men were more
likely to be current and former smokers than were women. Individuals with
low income, lower levels of education and low literacy skills had much
higher rates of smoking.
In the 1999 Canadian
Tobacco Use Monitoring Survey, 25% of people aged 15 years or
older reported that they smoked. The 20-24 age group had the highest
prevalence of smoking, at 35% overall. Smoking prevalence is highest
among Quebec teens aged 15 to 19 years at 36%.
The 1999 Canadian
Profile offered estimates of tobacco-attributable morbidity and mortality.
The estimated 34,728 deaths due to tobacco represented 16.5% of total
mortality in Canada for 1995. Lung cancer deaths represent 35%
of tobacco-related deaths. More than two-thirds of those who die
from tobacco-related deaths are men.
Although the prohibitions
and enforcement efforts have increased at the federal, provincial and
municipal levels, statistics on the offences and penalties are not readily
available.
c. Solvents
Collection of data on solvents
use in Canada is limited. Data from the Canadian Alcohol and
Drug Survey indicated that solvents were used by less than 0.1% of
adults. In 1990 and 1992 surveys of Toronto and Halifax street youth,
between 8% to 15% of respondents reported the use of solvents in the past
year. This contrasts with the findings for the general Ontario student
population, where the Ontario Addiction Research Foundation found a slight
increase of sniffing of glue and other solvents, from 1.6% of those surveyed
in 1991 to 2.3% in 1993.
Recent media stories have
pointed out that solvent abuse is a major problem among young aboriginal
people. The 1993 First Nations and Inuit Community Youth Solvent
Abuse Survey indicated that solvent users were most often males between
12 and 19 years of age. The majority of young people use solvents
to experiment (42.3%) or for social reasons (37.5%).
The characteristics of solvent
users include: poor socio-economic background, low educational level,
and troubled family circumstances. The health problems associated
with solvent abuse are not well documented but include respiratory difficulties,
liver and kidney disturbances, blood abnormalities and nervous system
damage.
d. Prescription
Drugs
The 1996-1997 National
Population Health Survey collected data on self-reported use
of sleeping pills, tranquilizers, diet pills and stimulants, anti-depressants,
and narcotic pain relievers. Overall, 11.6% of Canadians aged 15
years and older used at least one of the five categories. The proportion
reporting use increased consistently with age; in comparison to men,
women of all age groups tended to use all categories of prescription drugs
at a higher rate. Regionally, sleeping pill and anti-depressant
use was highest in British Columbia, tranquilizer use was highest in Quebec,
and narcotic pain reliever use was highest in Alberta.
In hospitals, the coding
system used for data collection does not distinguish between drug-related
problems caused by misuse of legal prescription drugs and those caused
by use of illegal drugs. In 1990-1991, 33.5% of all drug-related
separations from general and psychiatric hospitals were for mental disorders
such as drug dependence syndrome and psychoses; the remaining were for
poisonings involving prescription drugs. Overall, male patients
were more likely to have drug-related mental disorders while female patients
were more likely to have poisoning-related conditions.
Thefts involving drugs controlled
under the Narcotic Control Act and the Food and Drugs Act
decreased slightly from 1995 to 1997. Pharmacies continued to be
the most frequent target, accounting for more than half of thefts, followed
by hospitals and licensed dealers.
2. Illegal Substances
Data on the national
use of drugs such as cannabis, LSD, cocaine and heroin was last collected
in the 1994 Canadas Alcohol and other Drugs Survey.
These substances are currently regulated by the Controlled Drugs and
Substances Act (CDSA). This legislation combining Parts III
and IV of the Food and Drugs Act and the Narcotic Control Act
came into force in May 1997. Use of the substances is either
totally prohibited or strictly controlled under the CDSA.
a. Cannabis
When smoked or ingested,
cannabis produces a short-term euphoric effect. High doses can cause
perceptual distortion, disorganized thoughts and mild hallucinations.
The addictiveness of cannabis and its rate of serious adverse reactions
is addictive and the rate of serious adverse reactions to cannabis in
the general population has not been fully determined. However, smoking
of cannabis is associated with an increase in respiratory tract conditions.
In 1994, 23% of the population
over the age of 15 years reported use of cannabis more than once.
Although in 1993 only 4.2% reported current use, in 1994 reported use
increased to 7.4%. In 1994, the highest reported use during the
past year was 25.4% among 15- to 17-year-olds, 23.0% among 18- to 19-years-olds,
and 19.3% among the 20- to 24-year-olds. While 11.6%
of the British Columbia population reported current use in 1994, the percentage
of users in Newfoundland was 3.8.
In 1996, when the Narcotic
Control Act and the Food and Drugs Act were still the principal
statutes covering illicit drugs, cannabis offences accounted for 72% of
all drug offences. Generally, about two-thirds of the convictions
for cannabis were related to possession.
b. Cocaine
Cocaine a powerful,
short-acting, central nervous system stimulant can be inhaled,
smoked or injected. Clinical studies of heavy cocaine users indicated
that few experienced the severe withdrawal symptoms associated with physical
addiction. Repeated use did, however, lead to strong psychological
craving and consequent dependence.
In 1994, less than 1%
of the population reported being current cocaine or crack users.
Lifetime users tended to be males in the 25 to 34 age group. Regionally,
cocaine use was greatest in British Columbia at 8.1%.
In 1996, cocaine
offences accounted for 17% of all drug offences.
c. Heroin
Heroin is a narcotic analgesic
derived from morphine. The preferred mode of administration is injection.
Tolerance develops rapidly with regular use. The risk of death from
overdose is great, due to the varying quality of the drug. There
is also a risk of transmittal of AIDS or hepatitis through shared needles.
After a steady increase
from 1988 to 1991, offences involving heroin declined in 1992, representing
2.2% of total drug offences. By 1994, heroin offences were at
2.0% of total drug offences.
Regulations produced
in 1985 permit heroin importation for medical use, particularly for pain
control.
E. The Costs of Substance
Abuse
Costs associated with substance
abuse occur in several areas:
-
health In addition
to the long-term health problems associated with substance abuse,
immediate crises can arise if the amount of drug consumed is misjudged,
the drug is contaminated or too strong, or several substances are
taken in combination.
-
social Substance
abuse can lead to family breakdown when members are unable to maintain
close relationships or to alter their personal lifestyle to accommodate
others. Young people in aboriginal communities, the poorest
of Canadas poor, can feel a hopelessness and despair that leads
them to withdraw from their community, to abuse substances and sometimes
to commit suicide.
-
workplace Tardiness,
constant absences and inability to work may result from intoxication
or drug-induced apathy. Reduced productivity may lead to unemployment
with all its associated social and health costs. Those addicted
to substances have a higher rate of unemployment than average and
the unemployed report more use of drugs, including alcohol, than the
general population.
-
enforcement More
policing is required to ensure adherence to laws controlling the manufacture
and distribution of certain drugs and because some substances produce
extremely violent or verbally abusive behaviour. For example,
the Alberta Alcohol and Drug Abuse Commission reported that alcohol
was involved in about 80% of the provinces cases of spousal
violence. It has also been reported that more than half of the
individuals given penitentiary sentences since 1990 were using drugs
or alcohol on the day they committed their crime.
In its 1996 assessment of
the costs associated with substance abuse, the Canadian Centre on
Substance Abuse (CCSA) concluded that, in 1992 in Canada, substance abuse
cost more than $18.45 billion. This amounted to $649 for every Canadian
and was equivalent to 2.7% of the Gross Domestic Product. Productivity
losses from illness and premature death accounted for $11.78 billion,
or 64% of all costs. The cost to the health care system was more
than $4 billion and to law enforcement another $1.76 billion. The
Centre estimated that 40,930 deaths were attributable to substance abuse
in 1992, representing 21% of the total mortality for that year.
The CCSA estimate, which
used a cost-of-illness approach, is considered to be both more conservative
and more accurate than previous estimates. The direct expenses
included health care costs such as those for hospital and agency treatment,
professional fees, ambulance services and prescription drugs; losses associated
with workplace Employee Assistance Programs and drug testing; administrative
costs for transfer payments such as social welfare, workers compensation,
and other insurance; costs for prevention and research; costs of law enforcement
such as those for police, courts, corrections and customs and excise;
as well as other direct costs such as those for fire damage, traffic accidents,
and reduced property values in drug-ridden neighbourhoods. Indirect
costs included productivity losses due to absenteeism, mortality, and
crime.
When individual substances
are considered, tobacco accounts for more than half of the total costs
at $9.56 billion, alcohol for 40% of costs at $7.52 billion, and
illicit drugs for 7% at $1.37 billion. In each case, the largest
economic cost is for lost productivity due to illness and premature death.
This study did not calculate the cost of misuse of prescription drugs.
F. What Measures Are Currently
Used to Address Substance Abuse?
Three potential approaches
to control the use of drugs include: prohibition, legalization
and medicalization. These models differ greatly in how they define
drug use, the user, the consequences of drug use and appropriate societal
reactions. Supporters of prohibition assume that the use of drugs
is morally corrupt behaviour and that control is best achieved by legal
sanctions. Proponents of legalization argue that problems are caused
by the criminalization of drug use and users and that criminal penalties
for use should be removed. Under the medicalization approach, the
user is perceived to be sick and thus in need of medical attention and
control.
A proposed alternative,
harm reduction, grew out of efforts in the 1980s to reduce
the risks for drug users. It adopts a value-neutral view of drug
use and users, one that does not see these as intrinsically immoral, criminal
or medically deviant.
Harm reduction, although
subject to varied definitions, features in current initiatives aimed at
prevention, treatment and control. Strategies aim to reduce the
adverse effects of substances by discouraging their initial use and encouraging
users to consume more moderately or to stop using the substances.
Strategies attempt to persuade people who use potentially harmful substances
to incur reduced or minimal adverse effects through use of drug substitutes,
such as nicotine patches for cigarettes or methadone for heroin, or through
medically managed and supervised use of heroin. Strategies can
also be based on legalization, where the manufacture, sale or possession
of substances is authorized, with perhaps some regulations relating to
their sale, advertising, or place of consumption. Other strategies
incorporate decriminalization, either implicit, where certain actions
such as needle exchange programs are allowed, or explicit, where criminal
penalties for the consumption and possession of an illicit substance are
reduced or eliminated.
Current action takes place
in three areas:
1. Education and Prevention
Federal government interventions
through education and prevention programs currently aim to help people
avoid the use of harmful substances and to enhance their ability to control
their use. Education, motivation, and awareness-building are combined
with regulation and taxation to achieve the goals, recognizing that different
groups have different needs in relation to prevention of substance abuse.
The Canadian Centre on Substance
Abuse, an important partner in Canadas Drug Strategy, was created
in 1988 to increase public awareness through data gathering, information
distribution and policy formulation. In the tobacco area, the National
Clearinghouse on Tobacco and Health provides a comprehensive educational,
social, fiscal and legislative approach to tobacco control information.
As a group, youth and young
adults have the highest rates of alcohol, tobacco and marijuana use and
require particular encouragement to avoid the associated health risks.
The federal government has a role in measures to encourage healthy
choices; these measures include: increasing the price of alcohol and cigarettes;
creating more smoke-free and alcohol-free environments; limiting advertising
of tobacco and alcohol products; and supporting education programs in
schools and media.
Researchers have drawn attention
to the fact that, while seniors make up only 11% of Canadas population,
they use 25% of all prescription drugs; 19% of hospital admissions for
people over 50 years of age are related to the improper use and side effects
of prescription drugs. Older people may deliberately misuse drugs
as a result of stress, anxiety, loneliness or a perceived inability to
cope. But misuse can also result from over-prescribing by physicians,
lack of monitoring by pharmacists, limited supervision by caregivers,
poor communication between health professionals and patients, inadequate
literacy levels (among seniors), and inadequate follow-up. Educating
physicians to take greater care in prescribing and involving pharmacists
to identify unnecessary drugs or drugs that react badly with other medication
is seen as a good preventive measure.
Needle exchange programs
provide health professionals with the opportunity to offer treatments
but are aimed primarily at harm reduction. By offering clean needles
to addicts it is hoped to discourage their common practice of sharing
dirty needles when injecting drugs. In 1994, of the 7.7% of Canadians
who reported injecting drugs, 41% had shared needles at some time.
Some of the existing outreach programs involving needle exchange date
from 1989, when the spread of AIDS among intravenous drug users became
a major concern. Situated in mobile as well as stationary units,
these programs deliver community-based and cost-effective prevention but
have been threatened by governmental cost-cutting measures.
2. Treatment and Rehabilitation
Although the provinces
and local communities have the primary responsibility for the development
and implementation of drug and alcohol treatment and rehabilitation programs,
the federal government has a role in funding them. These programs,
which usually address addiction to alcohol and drugs together, include
detoxification, early identification and intervention and assessment and
referral, basic counselling, therapeutic interventions, clinical follow-up
and some workplace initiatives.
Under the Drug Strategy,
federal funding was committed to provinces and territories to increase
the availability of alcohol and drug treatment and rehabilitation programs.
In 1988, the federal government established cost-sharing agreements to
provide $70 million over five years; these agreements were established
under the authority of the National Health and Welfare Act.
In 1998, responsibility for administering the Alcohol and Drug Treatment
and Rehabilitation Program was returned to Health Canada from Human Resources
Development Canada. The aim is that, through agreements with the
provinces, the department will support related programs, collaborate on
national guidelines and best practices, and facilitate information synthesis
and dissemination.
Treatment centres with specific
programs for particular groups are a relatively new phenomenon.
Women, Aboriginal peoples and youth are among the groups to be targeted.
People who work in the field suggest that women are more likely to hide
their substance abuse problems for fear of stigmatization or lest they
might have to give up their children. Status of Women Canada
examined the issue of substance use during pregnancy and recommended greater
federal allocation of resources.
All young substance abusers
need residential treatment centres and outpatient programs that are open
at all times of the day and in many settings. The lack of facilities
for young solvent abusers in northern Canada is particularly problematic.
The situation was only partially alleviated in 1995 when the federal Health
Minister announced funding for six permanent national solvent abuse treatment
centres for First Nations and Inuit.
Methadone maintenance programs
are aimed at helping heroin addicts when other forms of treatment have
failed. Under strict medical supervision, addicts who must
participate in mandatory counselling are administered methadone,
a chemical substitute for heroin. In 2000, Canadian researchers,
as part of the North American Opiate Maintenance Initiative, began the
process of obtaining federal approval for clinical trials involving the
use of heroin as treatment for addicts.
3. Enforcement and
Control
At the federal level, various
government bodies are involved in control, detection and enforcement efforts
that incur high costs for personnel and equipment. Efforts to control
tobacco and alcohol include advertising restrictions, taxation, and limits
on sales. At the federal level, the 1997 Tobacco Act
provides for a broad range of restrictions on the composition of tobacco
products, young persons access to tobacco products, tobacco product
labelling, and tobacco product advertisement endorsement and sponsorship.
For alcohol, the Broadcasting Act and the Code for the Broadcast
Advertising of Alcoholic Beverages regulate advertising. The
Ministry of the Solicitor General is the lead department with respect
to policing, including the Royal Canadian Mounted Police. The Ministry
of National Revenue is responsible for the Customs and Excise Program
charged with controlling the movement of certain goods, including tobacco,
alcohol and drugs.
The failure of past law
enforcement efforts to counteract the trade in illegal drugs has led to
arguments for decriminalization or the lifting of criminal prohibitions
on personal possession of currently prohibited substances. In support
of decriminalization it is claimed that current enforcement costs deplete
available resources for health-related programs, that violence is produced
by the illegal drug trade, and that the treatment for abuse of harmful
legal drugs and treatment for use of illegal drugs are inconsistent.
Arguments against decriminalization cite the probability that health and
social costs would increase if the stigma of drug use were to be removed.
One of the legal concerns
with respect to substance abuse is the continued disparity between court
sentences. For example, judges can give anything from an absolute
discharge to up to seven years imprisonment for simple possession
of cannabis. The fear is that the current system continues the criminal
penalties and social disadvantages resulting from encounters with the
legal system yet without evidence that it is a major deterrent to illegal
trade or drug use. It has been argued that court diversion programs
are needed to treat drug users with major psychological or addiction or
abuse problems.
Other efforts at control
have focused on substance use in the workplace. Employers concerns
have led to various forms of drug testing programs in both the public
and private sectors. At the federal level, testing of members of
the Canadian Forces began in 1992; in the private sector, companies such
as Imperial Oil Limited test new employees and employees in safety-sensitive
positions. Both the federal Privacy Commissioner and Human Rights
Commissioner have argued that such testing presents problems.
PARLIAMENTARY ACTION
1987 House of
Commons Standing Committee on National Health and Welfare inquired into
alcohol and other drug abuse in Canada. The report was entitled
Booze, Pills and Dope: Reducing Substance Abuse in Canada.
1987 - 1988
The House of Commons and the Senate studied and passed Bill C-51, Tobacco
Products Control Act banning tobacco advertising and Bill C-204, Non-Smokers
Health Act restricting smoking in federally regulated workplaces.
1990 House of
Commons Standing Committee on Transportation reviewed the governments
strategy on prohibiting and preventing substance use by those in safety-sensitive
positions in the federal transportation sector.
1992 House of
Commons Subcommittee on Health Issues (Standing Committee on Health and
Welfare, Social Affairs, Seniors and the Status of Women) issued a report
entitled Foetal Alcohol Syndrome: A Preventable Tragedy.
1994 House of
Commons Standing Committee on Health and the Standing Senate Committee
on Legal and Constitutional Affairs studied Controlled Drugs and Substances
Act (Bill C-7). Like Bill C-85, introduced in the previous
Parliament, Bill C-7 sought to amalgamate the 1961 Narcotic Control
Act and the Food and Drugs Act and to bring Canada into conformity
with its international obligations under several U.N. Conventions.
1994 House of
Commons Standing Committee on Health in its report Toward Zero Consumption:
Generic Packaging of Tobacco Products, affirmed that plain
packaging could be a reasonable step in the overall strategy to reduce
tobacco consumption.
1996 House of
Commons Subcommittee of Standing Committee on Health considers Bill C-222
(a Private Members bill) to amend the Food and Drugs Act
to require warnings on alcoholic beverage containers. A Senate (Private
Members) Bill, S-5, also focuses on tobacco.
1996 Pursuant
to a recommendation from the Subcommittee that had studied Bill C-7 on
controlled drugs, House of Commons Standing Committee on Health reviewed
Canadas drug policy. The Committee heard from witnesses about
the prevalence, effects and associated costs of alcohol, tobacco, prescription
drugs, cannabis, cocaine, and opiates, but did not prepare a report prior
to the 1997 election.
1996 - 1997 House
of Commons Standing Committee on Health and the Senate Committee on Legal
and Constitutional Affairs considered Bill C-71, an Act to regulate the
manufacture, sale, labelling and promotion of tobacco products.
The bill with amendments received Royal Assent in April 1997.
1999 House
of Commons Standing Committee on Justice and Human Rights studied the
impaired driving provisions of the Criminal Code and issued a report
entitled Toward Eliminating Impaired Driving.
2000 Standing
Senate Committee on Energy, Environment and Natural Resources considered
Bill S-20, Tobacco Youth Protection Act.
2000 Senate
Special Committee on Illegal Drugs began public hearings.
SELECTIVE CHRONOLOGY
1906 Adulteration
Act prohibited changes to food, drug and drink products sold for human
consumption including alcohol, opium, Indian hemp and tobacco.
1908 The federal
Opium Act was passed, prohibiting the import, manufacture and sale
of opiates for non-medical purposes.
1908 The
federal Tobacco Restraint Act prohibiting the sale of tobacco to
persons under 16 years of age was adopted.
1911 Opium
and Drug Act provided an expanded list of controlled drugs including
cocaine and morphine.
1914 House
of Commons Select Committee on Cigarette Evils considered banning cigarettes.
1920 Food
and Drugs Act replaced the Adulteration Act.
1923 Cannabis
Indica (Indian Hemp) was added to the list of controlled drugs under
the Opium and Narcotic Drug Act.
1960 The Food
and Drugs Act was broadened to include a focus on the controlled use
of amphetamines, barbiturates, and other drugs.
1961 The Narcotic
Control Act was passed and Canada ratified the U.N. Single Convention
on Narcotic Drugs.
1971 The Non-Medical
Use of Drugs Directorate was formed at the Department of National Health
and Welfare; this was the first time a single federal agency had assumed
responsibility for coordinating research and programs in alcohol and drug
dependency.
1973 The report of
the Le Dain Commission (the Commission of Inquiry into the Non-Medical
Use of Drugs established in 1970) supported the gradual withdrawal of
criminal sanctions against the user along with the parallel development
of alternative means to discourage use and reduce harm.
1975 The Native Alcohol
Abuse Program was established to provide support to programs for Treaty
Indians; expanded in 1982 to include drugs.
1987 The National
Drug Strategy, a new federal program to fight drug abuse through prevention
and enforcement, was announced.
1988 Canadian Centre
on Substance Abuse established to provide a national focus on alcohol
and drug abuse.
1990 The Minister
of Transport proposed a policy on substance use in the workplace that
would focus on education of employees, with testing to be limited to specific
circumstances, not done at random. The policy would affect four
federally regulated transportation sectors: marine, aviation, rail
and trucking.
1992 Canadas
Drug Strategy was combined with the Driving While Impaired Strategy and
renewed for another five years. Heavier emphasis was placed on prevention
of substance abuse and on reduction of harm to users.
1994 The Tobacco
Demand Reduction Strategy, a three-year initiative, was announced.
1994 Minister of
Health initiated a solvent abuse prevention and treatment program.
1995 The Supreme
Court of Canada on RJR-MacDonald Inc. v. Attorney General of
Canada struck down five sections of the Tobacco Products Control
Act. Health Canada responded with its Blueprint document for
comprehensive tobacco control.
1997 Canadas
Drug Strategy and the Tobacco Demand Reduction Strategy were concluded.
1997 The Tobacco
Act was passed to regulate the composition of tobacco products, young
persons access, labelling, advertisement, endorsement and sponsorship.
1997 The Controlled
Drugs and Substances Act came into force.
1998
Federal government reaffirmed its commitment to the principles
of Canadas Drug Strategy but without designated funding; Tobacco
Control Initiative announced.
1999 Federal/Provincial/Territorial
Working Group on Injection Drug Use established.
2000 National
FAS (fetal alcohol syndrome)/FAE (fetal alcohol effect) Initiative announced
with funding over three years.
SELECTED REFERENCES
Bergob, Michael. Drug
Use Among Senior Canadians. Canadian Social Trends,
33, Summer 1994, p. 25-29.
Blackwell, Judith and Patricia
Erickson. Illegal Drugs in Canada, A Risky Business.
Nelson Canada, Scarborough, Ontario, 1988.
Canadian Centre on Substance
Abuse and Addiction Research Foundation. Canadian Profile:
Alcohol, Tobacco and Other Drugs, Ottawa, 1994, 1995, 1997, 1999.
Cunningham, Rob.
Smoke and Mirrors, the Canadian Tobacco War. International
Development Research Centre, Ottawa, 1996.
Eno, John et al.
Offender Substance Abuse Treatment: The Pre-Release
Program. Paper presented at the Annual Convention of the Canadian
Psychological Association, Montreal, 1993.
Erickson, Patricia, Diane
Riley, Yuet Cheung and Patrick OHare (eds.). Harm Reduction:
A New Direction for Drug Policies and Programs. University of
Toronto Press, Toronto, 1997.
Giffen, P.J., Shirley Endicott
and Sylvia Lambert. Panic and Indifference, The Politics of Canadas
Drug Laws. Canadian Centre on Substance Abuse, Ottawa, 1991.
Health Canada. Canadas
Drug Strategy, Supply and Services Canada, Ottawa, 1998.
Health Canada. Tobacco
Control: A Blueprint to Protect the Health of Canadians.
Supply and Services, Ottawa, 1995.
Roberts, Gary and Alan Ogborne.
Profile: Substance Abuse Treatment and Rehabilitation in Canada, Health
Canada, Ottawa, 1999.
Rutman, Deborah et
al. Substance Use and Pregnancy: Conceiving Women in the Policy-Making
Process, Status of Women Canada, Ottawa, 2000.
Single, Eric et al.
The Costs of Substance Abuse in Canada, Highlights.
Canadian Centre on Substance Abuse, Ottawa, 1996.
Smart, Reginald and Alan
Ogborne. Northern Spirits: A Social History of Alcohol in Canada,
Addiction Research Foundation, Toronto, 1996.
Statistics Canada. Canadian
Tobacco Use Monitoring Survey, Ottawa, 1999.
Tamblyn, Robyn et al.
Questionable Prescribing for Elderly Patients in Quebec.
Canadian Medical Association Journal, 150(11), 1994, p. 1801-1809.
* The original version of this Current Issue
Review was published in December 1994; the paper has regularly been updated
since that time.
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